News & Analysis as of September 19, 2024

Waivers

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Arbitration is a widely-used method for settling disputes between parties. During arbitration, parties submit their dispute to an impartial third person or party, usually chosen by the parties. Typically, parties to arbitration agree in advance to be bound by the arbitrator's decision. Arbitration is an alternative to litigation, but it shares many of the familiar features of litigation. Namely, parties to arbitration hold hearings before neutral decision-makers, present evidence and argue the merits of their position. Parties often choose arbitration due to its perceived advantages over litigation. Those perceived advantages include greater efficiency and flexibility, and lower costs. less -

Recent Developments Since the Viking River Cruises Decision: 5 Key Things California Employers Need To Know

Meyers Nave on 7/12/2023

What Happens to the “Non-individual” PAGA Claims Now that Viking River Cruises Compels Arbitration of the “Individual” PAGA Claim? The U.S. Supreme Court’s 2022 decision in Viking River Cruises v. Moriana was widely seen...more

Supreme Court Rules on the Requirements for a Waiver of the Right to Arbitrate

Proskauer - Minding Your Business on 7/8/2022

The United States Supreme Court recently resolved a circuit split regarding when a party has waived its contractual right to arbitrate by participating in litigation prior to seeking to arbitrate a dispute. In Morgan v....more

Use It or Lose It: Supreme Court Rules Against Special Rules Favoring Arbitration When Deciding Waiver of That Right

Stark & Stark on 6/20/2022

On May 23, 2022, the U.S. Supreme Court, in a unanimous decision, decided Morgan v. Sundance, Inc., No. 21-328, in favor of an employee who sued her employer, a Taco Bell franchisee, for wage theft. The Court concluded that...more

Supreme Court Rules California Employee Is Bound By Arbitration Agreement She Signed and Thus, Lacks Standing to Bring...

Stokes Wagner on 6/20/2022

On May 15, 2022, the U.S. Supreme Court issued the much-anticipated and employer-favorable ruling in Viking River Cruises v. Moriana, holding, in an 8-1 decision, that the Federal Arbitration Act (FAA) preempts the California...more

U.S. Supreme Court Holds Individual PAGA Claims May Be Compelled to Arbitration

Holland & Knight LLP on 6/17/2022

The U.S. Supreme Court issued an 8-1 decision in Viking River Cruises, Inc. v. Moriana, 596 U.S. __ (2022) on June 15, 2022, holding that the Federal Arbitration Act (FAA) preempts the California Supreme Court ruling in...more

Supreme Court Provides Roadmap for Avoiding Large PAGA Actions

Benesch on 6/17/2022

On June 15, 2022, in Viking River Cruises vs. Moriana, the U.S. Supreme Court ruled 8-1 (with Justice Thomas the lone dissenter) that employers can compel arbitration of an employee's individual claims regarding labor code...more

The Supreme Court Strikes a Blow to PAGA: What California Employers Need to Know

Mintz - Employment Viewpoints on 6/17/2022

The U.S. Supreme Court has given businesses with California employees the option (at least for now) to avoid employee-initiated court proceedings under California’s Private Attorneys General Act (PAGA). On June 15, 2022, the...more

Does the Federal Arbitration Act Favor Arbitration?

Smith Anderson on 6/16/2022

A recent decision of the United States Supreme Court addressed a circuit split regarding the propriety of arbitration-specific procedural rules. In support of adopting such rules, nine of the eleven federal circuits...more

SCOTUS Unanimously Rejects an Arbitration-Specific Waiver Rule

Adams and Reese LLP on 6/15/2022

The Supreme Court has unanimously held that the broad policy favoring arbitration does not authorize federal courts to create a special rule necessitating a showing of prejudice in order to demonstrate the right to...more

Arbitration Clauses as Separate Executory Contracts

Nelson Mullins Riley & Scarborough LLP on 6/7/2022

This term, Supreme Court Justice Elena Kagan has authored a pair of opinions related to arbitration. The first of these decisions, Badgerow v. Walters, 20-1143, 142 S. Ct. 1310 (2022) came down on March 31, 2022, where...more

Unanimous U.S. Supreme Court Rejects Prejudice Requirement for Arbitration Waiver

Smith Gambrell Russell on 6/3/2022

On May 23, 2022, the U.S. Supreme Court considered the question of waiver in a case governed by the Federal Arbitration Act (“FAA”) and held that a party can waive its right to arbitration irrespective of whether the other...more

Supreme Court Makes It Easier to Establish a Waiver of Arbitration through a Pursuit of Litigation

Foley & Lardner LLP on 6/2/2022

On May 23, the Supreme Court resolved a circuit split in holding that the Federal Arbitration Act’s (FAA) “policy favoring arbitration” does not allow federal courts to create arbitration-specific federal procedural rules....more

Supreme Court Makes It Easier to Challenge Delayed Arbitration Request

Kohrman Jackson & Krantz LLP on 6/2/2022

Resolving an issue over when a party has waived their right to arbitrate, the United States Supreme Court recently granted plaintiff’s a major victory, holding that litigants are no longer required to show prejudice when...more

SCOTUS displays short memory in rejecting the prejudice requirement for waivers of the right to arbitrate

Kilpatrick on 6/1/2022

Takeaway: In Morgan v. Sundance, Inc., --- S. Ct. ----, No. 21-328, 2022 WL 1611788 (May 23, 2022), the Supreme Court rejected the arbitration-specific rule requiring a finding of prejudice for a waiver of the right to...more

SCOTUS: Waiver of Arbitration Does Not Require Prejudice

Burr & Forman on 5/31/2022

A unanimous Supreme Court held May 23 that a party’s waiver of its arbitration right does not require showing prejudice to an opposing party, because the Federal Arbitration Act (“FAA”) prohibits arbitration-specific rules....more

Supreme Court Rules That Prejudice Is Not a Required Element To Establish Waiver of an Agreement To Arbitrate

ArentFox Schiff on 5/26/2022

In a unanimous decision authored by Justice Elena Kagan, the US Supreme Court ruled that in determining whether a party has waived its right to enforce an arbitration agreement, the party asserting waiver does not have to...more

Waiving Goodbye: Supreme Court Says Prejudice No Longer Required to Establish Employer Waived Right to Arbitrate Employee’s Claims

Obermayer Rebmann Maxwell & Hippel LLP on 5/26/2022

Employers sometimes favor resolving disputes with their employees in arbitration as opposed to in front of a jury. Such a private tribunal may streamline discovery procedures, offer a quicker resolution, and, theoretically,...more

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Arbitration › Supreme Court of the United States › Waivers

Recent Developments Since the Viking River Cruises Decision: 5 Key Things California Employers Need To Know

Supreme Court Rules on the Requirements for a Waiver of the Right to Arbitrate

Use It or Lose It: Supreme Court Rules Against Special Rules Favoring Arbitration When Deciding Waiver of That Right

Supreme Court Rules California Employee Is Bound By Arbitration Agreement She Signed and Thus, Lacks Standing to Bring...

U.S. Supreme Court Holds Individual PAGA Claims May Be Compelled to Arbitration

Supreme Court Provides Roadmap for Avoiding Large PAGA Actions

The Supreme Court Strikes a Blow to PAGA: What California Employers Need to Know

Does the Federal Arbitration Act Favor Arbitration?

SCOTUS Unanimously Rejects an Arbitration-Specific Waiver Rule

Arbitration Clauses as Separate Executory Contracts

Unanimous U.S. Supreme Court Rejects Prejudice Requirement for Arbitration Waiver

Supreme Court Makes It Easier to Establish a Waiver of Arbitration through a Pursuit of Litigation

Supreme Court Makes It Easier to Challenge Delayed Arbitration Request

SCOTUS displays short memory in rejecting the prejudice requirement for waivers of the right to arbitrate

SCOTUS: Waiver of Arbitration Does Not Require Prejudice

Supreme Court Rules That Prejudice Is Not a Required Element To Establish Waiver of an Agreement To Arbitrate

Waiving Goodbye: Supreme Court Says Prejudice No Longer Required to Establish Employer Waived Right to Arbitrate Employee’s Claims

Choose Your Forum Wisely: Supreme Court Rejects “No Harm, No Foul” Approach To Arbitration Waiver Analysis

Supreme Court Holds Prejudice Not Required for Waiver of Right to Arbitrate - But Does Little Else

No Harm, No Foul: Court Rules Prejudice Not Required to Establish Waiver of a Right to Arbitrate

Morgan v. Sundance argument: Is an arbitration clause “use it or lose it”?

Fenwick Employment Brief

Struggle At The Supreme Court Over Arbitration Clauses

Arbitration policies for wage and hour claims

Fenwick Employment Brief - July 2014

Arbitration › Supreme Court of the United States › Waivers

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